Thursday, July 02, 2026

AI & Market Power

 Fellows of the European AI & Society Fund, here

Google Android: the Court of Justice upholds Google’s fine of around €4.1 billion

 CJEU, here.

Judging from the press release, this is a victory on every front. And, this time, quite literally without appeal. Whether EU competition law can still be rescued and made more effective is another matter, but it should at least put some courage back into our enforcers and policy makers!

Favourite sentence so far "This applies all the more where the conduct at issue does not lend itself to a quantitative, price-based analysis".


Least favourite: BEUC - The European Consumer Organisation should bear its own legal costs. If the EU is serious about civil society as part of its enforcement infrastructure the economics of standing before its courts deserve the same scrutiny as the substance argued there. The courts anchors liability in consumer harm (e.g., para. 414 on diversity of information sources) but their representatives see nothing of the €4.125 billion fine and have to bear their legal expenses?

Interestingly, the Stockholm/PriceRunner ruling invites Android claimants (rival search services, browser vendors, OEMs even?) to plead continuation past 2018. This could at least provide solid economic incentives to comply with the related DMA obligations - quickly.